Oklahoma § 63-2602 - Right of self-consent under certain conditions - Doctor

§ 63-2602. Right of self-consent under certain conditions - Doctor

patient privileges

A. Notwithstanding any other provision of law, the following

minors may consent to have services provided by health professionals

in the following cases:

1. Any minor who is married, has a dependent child or is

emancipated;

2. Any minor who is separated from his parents or legal

guardian for whatever reason and is not supported by his parents or

guardian;

3. Any minor who is or has been pregnant, afflicted with any

reportable communicable disease, drug and substance abuse or abusive

use of alcohol; provided, however, that such self-consent only

applies to the prevention, diagnosis and treatment of those

conditions specified in this section. Any health professional who

accepts the responsibility of providing such health services also

assumes the obligation to provide counseling for the minor by a

health professional. If the minor is found not to be pregnant nor

suffering from a communicable disease nor drug or substance abuse

nor abusive use of alcohol, the health professional shall not reveal

any information whatsoever to the spouse, parent or legal guardian,

without the consent of the minor;

4. Any minor parent as to his child;

5. Any spouse of a minor when the minor is unable to give

consent by reason of physical or mental incapacity;

6. Any minor who by reason of physical or mental capacity

cannot give consent and has no known relatives or legal guardian, if

two physicians agree on the health service to be given;

7. Any minor in need of emergency services for conditions which

will endanger his health or life if delay would result by obtaining

consent from his spouse, parent or legal guardian; provided,

however, that the prescribing of any medicine or device for the

prevention of pregnancy shall not be considered such an emergency

service; or

8. Any minor who is the victim of sexual assault; provided,

however, that such self-consent only applies to a forensic medical

examination by a qualified licensed health care professional.

If any minor falsely represents that he may give consent and a

health professional provides health services in good faith based

upon that misrepresentation, the minor shall receive full services

without the consent of the minor's parent or legal guardian and the

Oklahoma Statutes - Title 63. Public Health and Safety

health professional shall incur no liability except for negligence

or intentional harm. Consent of the minor shall not be subject to

later disaffirmance or revocation because of his minority.

B. The health professional shall be required to make a

reasonable attempt to inform the spouse, parent or legal guardian of

the minor of any treatment needed or provided under paragraph 7 of

subsection A of this section. In all other instances the health

professional may, but shall not be required to inform the spouse,

parent or legal guardian of the minor of any treatment needed or

provided. The judgment of the health professional as to

notification shall be final, and his disclosure shall not constitute

libel, slander, the breach of the right of privacy, the breach of

the rule of privileged communication or result in any other breach

that would incur liability.

Information about the minor obtained through care by a health

professional under the provisions of this act shall not be

disseminated to any health professional, school, law enforcement

agency or official, court authority, government agency or official

employer, without the consent of the minor, except through specific

legal requirements or if the giving of the information is necessary

to the health of the minor and public. Statistical reporting may be

done when the minor's identity is kept confidential.

The health professional shall not incur criminal liability for

action under the provisions of this act except for negligence or

intentional harm.

Added by Laws 1975, c. 225, § 2, emerg. eff. May 29, 1975. Amended

by Laws 1976, c. 161, § 2; Laws 2016, c. 305, § 1, emerg. eff. May

16, 2016.